In accordance with the bill, if the constitutional court makes the decision on impossibility of execution of the decision of interstate body on protection of the rights and freedoms of a person, you cannot take actions to enforce it in Russia.
MOSCOW, 4 Dec. The state Duma may at the meeting on Friday to consider the second and third readings of the bill, which gives the Constitutional court the right to recognize the impossible enforcement in Russia of decisions of international courts, if they violate the supremacy of the Constitution.
The authors of the initiative were Senator Andrey Klishas, Duma deputies Vladimir Pligin (EP), Mikhail Emelyanov (WED), Alexei Didenko (LDPR) and Vasily Likhachev (CPRF). First reading of the draft took place on 1 December.
The constitutional court ruled July 14 that will address the issue of execution of judgments of the European court of human rights in each case individually and decisions of the ECHR are enforceable only with regard to the recognition of the supremacy of the Constitution of Russia.
Pursuant to this resolution and a draft law was developed. It aims “at implementing the powers of the Federal legislator to provide a special legal mechanism for the resolution of the question of possibility or impossibility from the point of view of principles and of the rule of higher legal force the Constitution of the Russian Federation to execute judgement on the appeal against the decision of Russia”.
“The draft Federal constitutional law, in particular, provides that on request of the Federal Executive authorities vested with competence to protect the interests of the Russian Federation during the consideration in inter-state body for the protection of the rights and freedoms of the individual complaints lodged against the Russian Federation under the international Treaty, the constitutional court of the Russian Federation solves a question on possibility of execution of the decision of interstate body on protection of the rights and freedoms of man”, follows from the document.
If the constitutional court makes the decision on impossibility of execution of the decision of interstate body on protection of the rights and freedoms of a person, you cannot take actions to enforce it in Russia.
Previously the Deputy head of the constitutional Committee of the state Duma Dmitry Vyatkin said that the bill can be seen as the legal protection of sovereignty and the provision of constitutional principles, including, in the position of the constitutional court.